Regular term of county officers, when to commence. with the said treasurer, who shall file and preserve the same in his office; and the said treasurer, before entering upon the duties of his office, and within the time limited in the preceding section for depositing his oath, shall deposit his bond with the clerk of the county, who shall file and preserve the same in his office. (610.) SEC. 120. If either of the said officers shall neglect to deposit his oath or bond according to the provisions of the two last preceding sections, without giving the notice specified in the next section, or if he shall enter upon the execution of his office before he shall have so deposited his said oath or bond, he shall, in either case, forfeit and pay one hundred dollars. (611.) SEC. 121. No penalty shall attach on account of any neglect to deposit such oath or bond as aforesaid, in case such officer, before entering upon the execution of his office, and within the time limited for filing such oath or bond, shall give notice in writing to the officer or officers having the power by law to order an election to fill such office, or to fill the same by appointment, stating therein that he declines accepting such office. (612.) SEC. 122. Whenever the Governor shall appoint a prosecuting attorney, the Secretary of State shall transmit his commission to the clerk of the county for which such prosecuting attorney was appointed, and the county clerk, on receiving such commission, shall immediately give notice thereof to the person so appointed. (613.) SEC. 123. The person so appointed shall, before entering upon the duties of his office, and within twenty days after receiving notice of his appointment, appear before the county clerk, and take and subscribe the oath of office prescribed by the Constitution, and file the same with the clerk, who shall thereupon deliver to the person so appointed, the commission received by him for such person, and shall thereupon give notice to the Secretary of State of the filing of such oath, and of the time of filing the same. (614.) SEC. 124. The regular terms of office of the several county officers elected at the general election, shall commence on the first Monday' of January succeeding their election; but those elected In case of elec- at the general election, or at a special election to fill vacancies, may qualify and enter upon the execution of their offices immediately after being notified of their election. tion to fill vacancy. 1 First day of January, by section twenty-eight of Schedule to Constitution. CHAPTER XI. RESIGNATIONS, VACANCIES, AND REMOVALS FROM Chapter fifteen of Revised Statutes of 1846. RESIGNATIONS. (615.) SECTION 1. Resignations shall be made as follows: First. By the Governor, Lieutenant Governor, and all officers elected by joint vote of the Senate and House of Representatives; to the Legislature; Second. By officers appointed by the Governor alone, or by the Governor by and with the advice and consent of the Senate or both branches of the Legislature; to the Governor; Third. By Senators and Representatives, to the presiding officers of their respective houses, who shall immediately transmit the same to the Governor; Fourth. By all other officers who hold their offices by election, except officers elected at township meetings; to the officer or officers respectively authorized by law to order a special election to fill such offices respectively; Fifth. By all other officers holding their offices by appointment and not by election; to the body, board, or officer that appointed them. Resignations, to whom made. whom resignations are made. (616.) SEC. 2. It shall be the duty of all officers, bodies, or Duties of offiboards to whom the resignation of any office contemplated in the cogn last preceding section is authorized to be made, or who are authorized to fill any vacancy in any of said offices, or to order a special election therefor, when duly informed of the existence of such vacancy, to cause to be filed in the office of the Secretary of State a statement of the occurrence, with the date and cause of such vacancy. What events to create vacancy. 5 Mich. 146. 3 Gilman, 59. Certain officers may be removed for neglect. Persons ap pointed to fill VACANCIES. (617.) SEC. 3. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office: First. The death of the incumbent; Third. His removal from office; Fourth. His ceasing to be an inhabitant of this State; or, if the office be local, of the district, county, township, city, or village for which he shall have been elected or appointed, or within which the duties of his office are required to be discharged; Fifth. His conviction of any infamous crime, or f any offense involving a violation of his oath of office; Sixth. The decision of a competent tribunal declaring void his election or appointment; or, Seventh. His refusal or neglect to take his oath of office, or to give or renew any official bond, or to deposit such oath or bond in the manner and within the time prescribed by law: Provided, That the supervisor of any township in which the office of a township treasurer or justice of the peace may become vacated by operation of this act, shall immediately transmit to the county clerk of the county in which such township treasurer or justice of the peace resides, a notice in writing, officially signed by him, informing the county clerk that the office of such township treasurer or justice of the peace is vacated. ' (618.) SEC. 4. The Secretary of State, Auditor General, and all State and county officers, except the State Treasurer, and Judges of the Supreme and circuit courts, who are, or shall be appointed by the Governor alone, or by the Governor by and with the advice and consent of the Senate or of both branches of the Legislature, or by the Legislature without the concurrence of the Governor, may, for official misconduct, or habitual or willful neglect of duty, at any time during the recess of the Legislature, be removed, and the vacancy supplied during such recess, by the Governor. (619.) SEC. 5. All officers who are or shall be appointed by the vacancy may be Governor to fill a vacancy which shall have existed during the recess of the Legislature, may be removed by the Governor. removed. 1 As amended by "An act to amend sections three, fourteen, and fifteen, of chapter fifteen of the Revised Statutes of 1846, in relation to vacancies in office," approved June 27, 1851. Laws of 1851, p. 278. may remove township off (620.) SEC. 6. The Governor shall remove all county officers When Governor chosen by the electors of any county, or appointed by him, except county and county judges, judges of probate, and county clerks, and shall also cers. remove all justices of the peace and township officers chosen by the electors of any township, when in his opinion such officer is incompetent to execute properly the duties of his office; or when he is satisfied that such officer has been guilty of official misconduct, or of willful or habitual neglect of duty, if in his opinion such misconduct or neglect shall be sufficient cause for such removal; but no such officer shall be removed for such misconduct or neglect, unless charges thereof shall have been exhibited to the Governor, and a copy of the same served upon such officer, and an opportunity given him of being heard in his defense. order inquiries (621.) SEC. 7. The Governor may direct the Attorney General, Governor may or the prosecuting attorney of the county in which such officer into the charges. may be, unless such prosecuting attorney be the officer charged, accused. to conduct an inquiry into the charges made, and the said Attor- Notice to officer ney General or such prosecuting attorney shall thereupon give at least eight days' notice to the officer accused, of the time and place at which he will proceed to the examination of witnesses in relation to such charges, before some circuit court commissioner, to be served. or judge of probate, for the same county, and he shall also, at the Copy of charges time of giving such notice, serve on the officer accused, a copy of such charges.' obedience. (622.) SEC. 8. The Attorney General or prosecuting attorney Who may issue may issue subpoenas, signed by him with his name of office, to subpoenas. compel the attendance of any witness whom he shall deem material, before said circuit court commissioner or judge of probate, and Power to enforce such commissioner or judge of probate shall have the same power to enforce obedience to such subpoena by attachment, and to commit any person who shall refuse to be sworn or to answer, as the circuit court would have in a civil cause pending therein.' (623.) SEC. 9. On the application of the officer accused to the Accused entitled prosecuting attorney, or to any justice of the peace, he shall be of subpoena. entitled to the like process of subpoena, obedience to which may be enforced in the same manner, as provided in the last preceding section, by the commissioner or judge of probate before whom the witness may be conducted.' to like process ny of witnesses (624.) SEC. 10. At the time and place therein specified in the Sworn testimonotice, the commissioner or judge of probate before whom such reduced to 1 As amended by Act 63 of the Laws of 1871, p. 77, approved March 29, 1871. and signed by, and certified to transmitted to by officer, and Governor. writing, read to inquiry shall be conducted shall proceed to take the testimony of the witness produced before him by the Attorney General or prosecuting attorney and the officer accused, which witness shall be sworn by such commissioner or judge of probate, and every answer given by them to any question which either party shall require to be reduced to writing shall be written by or under the direction of such commissioner or judge of probate. Their testimony shall then be read to and subscribed by them, and shall be certified by the commissioner or judge of probate taking the same, and delivered to the prosecuting attorney or Attorney General, who shall transmit the same to the Governor. ' Authority to remove county clerk. 1 (625.) SEC. 11. Whenever charges shall be made against any prosecuting attorney, as provided in section six of this chapter, the Governor shall direct the Attorney General, or the prosecuting attorney of some county adjoining that in which the accused resides, or some other attorney-at-law, to conduct the inquiry into such charges; and such officer or attorney, when so directed, shall have and exercise the same powers to conduct such inquiry, and shall proceed therein in the same manner, as the prosecuting attorney of the proper county is authorized and required to do in other cases. (626.) SEC. 12. The judge of the circuit court and the circuit court commissioner shall have authority, in term time or vacation, to remove the county clerk, when, in their opinion, he is incompetent to execute properly the duties of his office; or when, on charges and evidence, they shall be satisfied that he has been guilty of official misconduct, or habitual or willful neglect of duty, if, in their opinion, such misconduct or neglect shall be a sufficient cause for such removal; but no such clerk shall be removed for such misconduct or neglect, unless charges thereof shall have been preferred to said judge or commissioner, and notice of the hearing, with a copy of the Clerk may be charges, delivered to such clerk, and a full opportunity given him to be heard in his defense." heard in defense. When Governor may declare certain offices vacant. (627.) SEC. 13. The office of State Treasurer, Commissioner of the Land Office, or of any other collector or receiver of public moneys, appointed by the Legislature, by the Governor alone, or by the Governor by and with the advice and consent of the Senate or of both branches of the Legislature, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the Governor, in case it shall appear to him, on sufficient 1 As amended by Act 68 of the Laws of 1871, p. 77, approved March 29, 1871. |